Memo

An act to amend the public authorities law, in relation to adding the town of Kendall, Orleans county to the towns served by the Monroe county water authority

PURPOSE:

To add the Town of Kendall (Orleans County) to the municipalities whose water systems can be leased and maintained by the Monroe County Water Authority.

SUMMARY OF PROVISIONS:

Section 1 amends section 1096 of the public authorities law to include the Town of Kendall to the Monroe County Water Authority's retail service area.

Section 2 is the effective date

JUSTIFICATION:

In 2006, the Town of Kendall (located in Orleans County) entered into an agreement with the Monroe County Water Authority (MCWA) to operate and maintain Kendall's water system. To maximize efficiencies under the agreement, both the Town of Kendall and MCWA would like to include the Town of Kendall in the MCWA retail service area. By amending section 1096 of the public authorities law, this legislation will accomplish that goal.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
7327
IN SENATE
May 2, 2012
___________

Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to adding the
town of Kendall, Orleans county to the towns served by the Monroe
county water authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4, 6 and 7 of section 1096 of the public
authorities law, as amended by chapter 411 of the laws of 2002, are
amended to read as follows:
4. To purchase or lease, in the name of the authority, any water
supply system, water distribution system, including plants, works,
instrumentalities or parts thereof and appurtenances thereto, lands,
easements, rights in land and water rights, rights-of-way, contract
rights, franchises, approaches, connections, dams, reservoirs, water
mains and pipe lines, pumping stations and equipment, or any other prop-
erty incidental to and included in such system or part thereof, and any
improvements, extensions, and betterments, situated within the county,
or in Genesee county, or in the town or village of Victor and the towns
of East Bloomfield and West Bloomfield in Ontario county, or in the
village of Holley and the [town] TOWNS of Clarendon AND KENDALL in Orle-
ans county for the purpose of supplying water for domestic, commercial,
and public purposes at retail to individual consumers within the county
of Monroe or in the manner provided by subdivision seven of this
section; and as a means of so acquiring for such purposes, and subject
to the approval of the public service commission, the authority may
purchase all of the stock of any existing privately owned water corpo-
ration or company, and thereafter, within a reasonable time, such water
corporation or company shall be dissolved;
6. To construct and develop any water supply system, water distrib-
ution system, including plants, works, instrumentalities, or parts ther-
eof, and appurtenances thereto, dams, reservoirs, water mains, pipe
lines, pumping stations and equipment, or any other property incidental

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15595-01-2

S. 7327 2

to or included in such system or part thereof within the county of
Monroe, or in Genesee county, or in the town or village of Victor and
the towns of East Bloomfield and West Bloomfield in Ontario county, or
in the village of Holley and the [town] TOWNS of Clarendon AND KENDALL
in Orleans county. To acquire, by condemnation, in the name of the
authority in the counties of Monroe and Genesee, or in any other county
or municipality specifically enumerated in the first sentence of this
subdivision, or in the name of the county of Monroe in the case of any
water facilities to be owned and financed by such county pursuant to
subdivision sixteen-b of this section, lands, easements, rights in land
and water rights, and rights-of-way within the counties of Monroe and
Genesee, or in any other county or municipality specifically enumerated
in the first sentence of this subdivision, in the manner provided by
this title; or to purchase or lease lands, easements, rights in land and
water rights, and rights-of-way in connection therewith within the coun-
ty of Monroe or within Genesee county, or in any other county or munici-
pality specifically enumerated in the first sentence of this subdivi-
sion; and to own and operate, maintain, repair, improve, reconstruct,
enlarge, and extend, subject to the provisions of this title, any of its
properties acquired or constructed under this title, all of which,
together with the acquisition of such properties, are hereby declared to
be public purposes;
7. To sell water, however acquired, by volume and at retail to indi-
vidual consumers within the county of Monroe for domestic, commercial,
industrial, and public purposes, or by volume or in bulk and at whole-
sale to any or all municipalities or privately owned public water supply
and distribution systems in such county. The fact that any municipality
has procured or is about to procure an independent source of water
supply shall not prevent such municipality from purchasing water from
the authority. To sell any water not needed in such county by volume and
at retail to individual consumers within the county of Genesee, or in
the town or village of Victor and the towns of East Bloomfield and West
Bloomfield in Ontario county, or in the village of Holley and the [town]
TOWNS of Clarendon AND KENDALL in Orleans county, for domestic, commer-
cial, industrial, and public purposes, or by volume or in bulk and at
wholesale to any municipality or privately owned public water supply and
distribution system outside of the county; provided that any costs
incurred by the authority related to the Genesee county project shall be
recovered by the authority solely from Genesee county or from rates and
charges collected from customers within Genesee county; and further
provided that the authority shall not sell water in any area outside of
the county unless the governing board of the municipality wherein such
area is located shall enter into an agreement with the authority for
service or sale of water by it in such area or shall by resolution
request the authority to sell water within such area. Any agreement
between a municipality outside of the county and the authority for the
sale of water to or within such municipality shall be subject to the
approval of the legislative body of the contiguous county wherein such
municipality is located. Not only may the authority sell any surplus
water it may have developed, but it may develop and provide a sufficient
amount of water so as to supply water outside of the county to individ-
ual consumers, any municipality, or privately owned public water supply
and distribution system;
S 2. This act shall take effect immediately.

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